Visitation!


#1

Dear Depressed:

Greetings. Here are your answers:

  1. The visiting parent can do a Motion to Show Cause and ask the court to interfere, for attorney fees, and other sanctions.

  2. The courts will likely need to deal with it, as the visitiation is supervised.

  3. Sure, you can take pictures of your child and yourself.

  4. Yes.

Best of luck getting time with your child.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
RosenDivorcecom
919-787-6668

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.


#2

Thank you for your answers.

I am having questions about my #4 question.

If the visiting parent ask the other parent to remove these people from her home and the other parent states NO, what can the visiting parent do?

Thanks!


#3

Dear Depressed:

As far as number 4, you can talk to the judge about the situation and ask that the supervised visitation be at Time Together or another location without your ex and their family/friends. That would be my suggestion, since the supervision does not seem to be going well at all.

Why don’t you contact Time Together, or a similar organization in your area to see how they work, the costs, and the benefits prior to talking to a judge.

Finally, you have no rights to tell the other parent to remove people from the home. The other parent may feel safer with more people there, but they should interfere in your visitation by speaking to you, speaking about you, glaring at you, etc. My advice is that you go to EACH and EVERY visitation, smile the entire time, and enjoy your time with your child. Best of luck.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
RosenDivorcecom
919-787-6668

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.


#4

Thank you for clearing that up.

We were married, now divorced. We can’t get along with each other. There are always going to be problems. Boy, I can’t wait until overnight visits start. One little bruise and I will be in court on child abuse. The other parent has a VERY good friend who is a child protection employee with the local DSS. Sad, but true.

What do you feel about this situation? Is there things I need to be aware of. Should I just stop seeing my child, I do have a lot working against me.

Thank you.


#5

Dear Depressed:

Your child needs you, so no, I don’t think that you should stop seeing your child. Just keep your chin up and spend as much positive time with your child as you can. You were once married to your ex, so let me just tell you that time tends to heal old wounds.

If you have supervised visits now because you had not seen your child in a while, just keep going and ask the court to change them to unsupervised as soon as possible.

Finally, what you are going through is difficult. You probably miss your child, are stressed by the court procedures, fees, and your ex, and you are sad that the situation came to where it is, probably from a mixture of your actions and the other parent. Therefore, I also recommend talking to someone weekly, whether it is with a licensed mental health professional, pastor, or friend. The judge will only see counseling as proof that you are trying to do what is right, not proof that there is anything wrong. Best of luck.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
RosenDivorcecom
919-787-6668

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.


#6

Hello;

I have a few questions about child visitation;

1…If the parent who has court ordered supervised visitation goes to the child’s home for their visit and the other parent refuses to let that parent see the child, what can the visitation parent do?

2…Will the police departments get involved with this or is it something the courts have to deal with?

3…If the visiting parent wants to take pictures or video his child in the other parents home, is this legal?

4…If there is nothing in the court orders about other people being in the home where the child is, can the visiting parent request that no one else be there when the parent visits. Can he legally ask the other parent to remove these people from the home?

Thank you so much for your time.